Question: Can a cottage or a timeshare be designated as a matrimonial home? Answer: Yes, both a cottage and a timeshare can be matrimonial homes. There can be numerous. Also, …
Access Keys
Question: How do you ensure that the Buyer gets all the keys on closing? Answer Naturally everyone wants the full set. Lawyers at best have one key to deliver and …
Offer Containing a Pre-agreed Direction for the Deposit
Question: There are quite a few deals that are not closing these days. What can the industry do to protect the clients that are being left holding the bag when …
Court of Appeal Calculates the Deadline for Off-Title Searches
2651171 Ontario Inc. v Brey This was a case determined by the Ontario Court of Appeal on 17 February 2022. It deals with the interpretation of the Title Search clause …
Waivers for Condition Precedent and Subsequent
Question: There can be no waiver with a condition precedent, but there can be a waiver with a condition subsequent is that right? Answer: No. This is not true, although …
Wrapping up the First Deal
Questions: I am the Listing Agent. I had a deal that was signed conditionally, conditions have expired, I didn’t get NOF or waiver, so the deal is dead. I requested …
What Happens if the Neighbour is Unduly Objectionable (Ontario)
Rescission Question: My clients just closed on a condominium apartment. The neighbour below is objectionable, noisy and complaining constantly about their noise. They just moved in recently. Answer: Assuming that …
Can’t Walk Away if Status Certificate is Acceptable (Ontario)
Question: I am the Listing agent. I just did a deal with Status as the only condition. Status is fine. Buyers are backing out. They did not drop deposit cheque …
RECO Disclosure: Lawsuits
Question: I am making an application to RECO for reinstatement. Do I have to disclose lawsuits or pending litigation? I am currently involved in a lawsuit with a former business …
Use a Lawyer Review Clause to Protect Your Buyer with Dementia
Question: Representing the Seller in a sale. Drafting offer for Buyers at their instruction with customer status. It’s come to light that one of the Buyers has early stage dementia. …